Notice Concerning Nondisclosure Policies, Forms, or Agreements

Important Notice Concerning Nondisclosure Policies, Forms, or Agreements with the Federal Trade Commission:

This serves as notice that pursuant to the Whistleblower Protection Enhancement Act of 2012, the statement below applies to every nondisclosure policy, form, or agreement (hereafter collectively referred to as “NDAs”) used by the Federal Trade Commission with current or former federal employees, including NDAs that were in effect before the Act's effective date of December 27, 2012:

"These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this nondisclosure policy, form or agreement and are controlling."

The following list of Executive orders and statutory provisions are controlling in the case of a conflict with any agency NDA policy, form, or agreement:

Executive Order No. 13526;

Section 7211 of Title 5, United States Code (governing disclosures to Congress);

Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military);

Section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);